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Danish-Polish Environmental Co-operation 1991-2000

Chapter 14
Being a part of Europe

Assistance to Poland on the implementation of the EU directive of Integrated Pollution Prevention & Control
Project to Assist Poland in the Implementation of the Access to Information Directive, the EIA Directive and the Aarhus Convention

With the accession to the European Union, Poland wants to be an integrated part of Europe. As a member state Poland has to fulfil the EU legislation and the European environmental standards. In this process, technical and practical assistance from the EU and the old member states is needed. Therefore, the EU support programmes play an important role in the Polish application for EU membership.

One of the Danish priorities in the environmental support to Poland is and has been to contribute to the country's preparations for the future membership of the EU. The support has, among other things, been technical assistance, institutional strengthening, education and environmental "awareness-raising" where the Polish accession to the EU runs all through the process.

A key criterion for obtaining DANCEE support is that the projects conform to the requirements of the environmental legislation of the partner country. Furthermore, as a minimum, the projects in EU candidate countries must be in compliance with the EU environmental legislation and other relevant standards e.g. international conventions. It is important to bear in mind that the Polish society, in the days of the Iron Curtain, was used to a completely different political system than the one in the EU. It is therefore even more important to give assistance. The accession process in the candidate countries will be easier, the more the candidate country knows the EU system which they are going to be a part of.

In Poland, "The National Programme for the Adoption of the Acquis" and " The Negotiation Position of Poland in the Chapter: Environment" are very important documents of programming since they set out the major directions of action related to Poland's effort to become a member of the EU.

Assistance to Poland on the implementation of the EU directive on Integrated Pollution Prevention & Control

Following the European Commission's screening of Poland with regard to its progress in approximation in the environment sector in the spring of 1999, the Polish Ministry of Environment (the MoE), who is responsible for Poland's pre-accession preparations in the environment sector, is under considerable pressure to show concrete progress in transposing and implementing the EU environmental requirements. The MoE has requested Danish assistance in carrying out this task.

In particular, the Danish assistance has been requested in transposing and implementing Council Directive 96/61/EC on integrated pollution prevention and control (IPPC). The transposition and implementation of this directive needs special attention in Poland, not only because the directive itself is a difficult one to implement, but also because some 4000 industrial facilities in Poland will fall within the scope of the directive.

In addition, further to the administrative reform that took place in Poland in the beginning of 1999, concrete implementation of the directive now rests in the hands of the environmental offices of the restructured voivodships (regions) and of the newly created powiats (provinces or counties). These levels of government will need careful hands-on training in carrying out the integrated permitting based on best available techniques (BAT) required under the IPPC directive.

The objective:

The overall objective of the project is to assist Poland to approximate with EU environmental requirements, thereby enabling it to qualify for EU membership.

In addition to the overall objective, three immediate objectives have been identified:

To strengthen the institutional frame for integrated permitting both at central level and at regional/local level.

To build the capacity for integrated permitting and identification of BAT at regional/local level through pilot projects in selected voivodships and powiats.

To build expertise on BAT environmental experts and the industry-at-large through the setting up of a BAT centre.

The procedure:

The project will assist the MoE in completing the transposition of the IPPC Directive and in building the framework of regulations and administrative systems necessary to implement the directive. It will also assist the MoE in developing the permitting forms, guidelines and other documentation necessary for integrated permitting and identification of BAT.

The project will also examine the crucial question of public sector costs for carrying out integrated permitting throughout Poland and will suggest financing options.

The project will build the capacity of environmental officials at voivodship and powiat level in carrying out integrated permitting based on BAT through pilot projects in selected voivodships and powiats. The officials, as well as the industrial facilities participating in the pilot projects, will be guided through each step in the permitting process, testing the draft permitting forms developed at central level.

The project will also assist the Polish authorities in developing a resource base of technical expertise and documentation on BAT. A BAT Centre will be set up during the project and will continue to operate after the completion of the project.

Finally, and bearing in mind the size of the task of implementing the IPPC Directive in Poland, a strong emphasis is put on exchange of information between the various stakeholders, on the co-ordination of the project components and on the dissemination of the project results. An intersectoral and interministerial working group will be set up during the project's inception phase, and will meet on a regular basis throughout the project. The working group is expected to continue to meet after the completion of the project.

The result:

The main outputs of the project are expected to be the following:

	Identification of any additional implementing legislation needed, assessment of the concordance of existing legislation, action plan for full implementation
	Identification of administrative steps in integrated permitting procedure, preparation of draft regulations
	Development of permitting forms and guidelines for officials
	Development of brochure for the industry on integrated permitting
	Assessment of the institutional capacity of voivodships and powiats with regard to integrated permitting, identification of additional resources needed
	Development of the plan for financing of integrated permitting
	Outline for extending integrated permitting nationally
	The officials and the industry trained in integrated permitting through pilot projects
	BAT Centre established
	Development of national IPPC inventories and schedules for phasing in the integrated permitting and identification of BAT
	Dissemination of information to all stakeholders

An IPPC Newsletter and/or an IPPC website will be created and updated up to and after the project completion. Guidelines on integrated permitting based on BAT will be distributed to all permitting officials both at voivodship and powiat level. A brochure explaining the EU requirements on integrated permitting based on BAT and the procedures to follow will be distributed to industrial facilities that fit within the scope of the IPPC directive. Inventories of the industrial facilities and schedules for phasing in integrated permitting based on BAT will be developed for future reference of the Polish authorities and industry.

Project to Assist Poland in the Implementation of the Access to Information Directive, the EIA Directive and the Aarhus Convention

During the Polish EU pre-accession process, Poland must approximate its legislation with EU environmental norms and build an administrative system capable of implementing and enforcing these laws. The Polish Ministry of Environment (MoE) is responsible for Poland's preaccession preparations in the environment sector.

The MoE requested Danish assistance with respect to the UNECE Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters, the so-called "Aarhus Convention".

This project will assist the Polish Ministry of Environment ("MoE") in building the framework of regulations and administrative systems necessary to implement the EU Access to Information and EIA Directives and the Aarhus Convention.

In particular, this project will increase the MoE's capacity to inform the public about specific environmental topics including the right to request environmental information and result in guidelines for the public on access to information and public participation in environmental decisionmaking. It will provide support for the development of an operational system for the implementation of EU EIA requirements, including carrying out of screening and scoping under Poland's decentralised system of environmental administration.

In addition, a pilot project with a selected voivodship or powiat will be the context for development of practical methodologies for organising local public participation in the EIA process. The pilot project will lead to a handbook for the voivodships and powiats on EIA procedures and on public participation in EIA and local planning.

The objectives:

The overall objective of the project proposed in this document, is to assist Poland to approximate with EU environmental requirements, thereby enabling it to qualify for EU membership.

But the objective is also:

	To build the capacity within the MoE to meet the EU and the Aarhus requirements with respect to access to information.
	To assist the ministry in developing an operational system for ensuring compliance with the EU EIA requirements in practice, including the capacity for screening and scoping
	To build the capacity among Polish municipalities, powiats and voivodships to organise public participation in the EIA process and in environmental permitting

The procedure:

The project will increase the MoE's capacity to inform the public about specific environmental topics including the right to request environmental information. It will result, for the public, in guidelines on access to information and public participation in environmental decisionmaking.

Moreover, the project will provide support for the development of an operational system for the implementation of the EU EIA requirements including the carrying out of screening and scoping under Poland's decentralised system of environmental administration.

Finally, a pilot project with a selected voivodship or powiat will be the context for the development of practical methodologies for organising local public participation in the EIA process including the negotiations among stakeholders. The pilot project will lead to a handbook for the voivodships and powiats on EIA procedures and on public participation in EIA and local planning.

The result:

The main outputs of the project are expected to be the following:

	A policy on information to the public for the MoE
	Training of MoE officials on access to information & public education techniques
	System of charges for supplying information to the public, on request
	Procedures in place for official responses to requests for environmental information
	Guidelines for officials on how to meet access to information requirements
	Public relations campaign on the public right to environmental information and public participation
	Booklet for the public on how to request environmental information and participate in the environmental decisionmaking
	Strategy for the implementation of the EIA in the new administrative structure
	System of charges to cover costs of administering EIA
	Guidelines for regional/local officials on screening/scoping procedures
	Procedures developed for organising local public participation in environmental decisionmaking
	Local authorities trained on how to organise the EIA and the public participation

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